JUST*2020 Lecture Notes - Lecture 14: Actus Reus, Theory Of Justification, Canada Women'S National Soccer Team
Document Summary
Justifications and excuses are defences to criminal and civil liability, this article is about the distinction between these two defences, a distinction which, while familiar, remains controversial. This is because conspiracy presupposes two wills, whereas for the purpose of conspiracy the law views husband and wife as forming one person and consequently sharing but one will: but this is doubtful. For the concept of a bar to successful prosecution also includes bars that are not in any sense defences at all, such as the death of a key eyewitness, or the loss or destruction of crucial evidence. Although such happenings might make successful prosecution impossible it would be odd to call them defences: but even this list of defences is not exhaustive. Philosophy of criminal law mentions at least eight: intoxication, automatism, physical compulsion and impossibility, mistake of fact, mistake of law, duress, provocation and necessity: take duress and necessity.
